Q1. Which one of the following rights does not fall within the interpretation of “personal liberty” under Article 21?
- Right to travel abroad
- Right to practice any profession
- Right to reputation
- Right to be protected against handcuffing
Correct Option: 2. Right to practice any profession
Explanation: The right to practice any profession is primarily protected under Article 19(1)(g), not directly under personal liberty in Article 21. The others—travel, reputation, protection against degrading treatment—have been recognized under Article 21.
Q2. Article 22(3) excludes certain categories from its protection. Which of the following persons does NOT lose the protection of Article 22(1) and (2)?
- A person detained under COFEPOSA
- An enemy alien
- A person arrested under preventive detention
- A person arrested under an income tax evasion charge
Correct Option: 4. A person arrested under an income tax evasion charge
Explanation: Article 22(3) excludes enemy aliens and persons detained under preventive detention laws. A person arrested for tax evasion is still entitled to protections under 22(1) and (2), though it is technically not always criminal in nature.
Q3. Which one of the following preventive detention laws has not been repealed and is still in operation as of 2025?
- MISA (Maintenance of Internal Security Act)
- POTA (Prevention of Terrorism Act)
- TADA (Terrorist and Disruptive Activities Act)
- COFEPOSA (Conservation of Foreign Exchange and Prevention of Smuggling Activities Act)
Correct Option: 4. COFEPOSA (1974)
Explanation: MISA, POTA, and TADA were all repealed due to widespread misuse. COFEPOSA, enacted in 1974 to prevent smuggling and foreign exchange violations, is still in force.
Q4. The term “life” under Article 21 includes all of the following except:
- Right to livelihood
- Right to clean air
- Right to be forgotten
- Right to hold public office
Correct Option: 4. Right to hold public office
Explanation: Right to hold public office is not a fundamental right under Article 21. It is subject to constitutional and statutory qualifications. Other options (livelihood, clean air, right to be forgotten) are derived from the expanded interpretation of “life”.
Q5. In which of the following cases did the Supreme Court declare that handcuffing of prisoners without judicial approval violates Article 21?
- Sunil Batra v. Delhi Administration
- Joginder Kumar v. State of UP
- D.K. Basu v. State of West Bengal
- Prem Shankar Shukla v. Delhi Administration
Correct Option: 4. Prem Shankar Shukla v. Delhi Administration
Explanation: In this 1980 case, the SC held that handcuffing violates Article 21 unless specifically authorized by a judicial officer. It emphasized that dignity and liberty must not be unnecessarily curtailed, even for prisoners.